United States v. Vasquez-Murillo

U.S. Court of Appeals for the Tenth Circuit January 13, 2009

United States v. Vasquez-Murillo, 307 F. App'x 208 (10th Cir. 2009)

Opinion

ORDER AND JUDGMENT *

PER CURIAM.

This matter is before the court on the government’s motion to enforce the appeal *209 waiver contained in defendant’s plea agreement. The motion is filed pursuant to United States v. Hahn, 359 F.3d 1315 (10th Cir. 2004) (en banc). In response, defendant concedes that the government’s motion is well taken because the appeal falls within the scope of the appeal waiver, defendant knowingly and voluntarily waived his appellate rights, and enforcing the waiver would not result in a miscarriage of justice. See id. at 1325.

Accordingly, the government’s motion is GRANTED, and the appeal is DISMISSED.

This panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not *209 binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.

Reference

Full Case Name: UNITED STATES of America, Plaintiff-Appellee, v. Fernando VASQUEZ-MURILLO, A/K/A Fernando Vasquez-Moreo, A/K/A Fernando Vasquez, A/K/A Hosea Cervantes, Defendant-Appellant
Status: Unpublished